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Smithfield council rejects request to avoid town-water hookup at 803 South Church
Summary
The Town Council declined a special-use permit that would have allowed a restaurant at 803 South Church to keep using a private well instead of connecting to Smithfield water, following staff and planning commission recommendations to deny and concerns about precedent and code compliance.
Smithfield Town Council on Thursday voted against a special-use permit that would have allowed the restaurant property at 803 South Church to continue using a private well rather than connect to town water.
Town planner Tammy Clary told council that applicants’ earlier approvals and special-use permits were conditioned on connecting to town water and meeting town design standards, and staff recommended denial because the current application conflicts with town code and standards. “Town staff do recommend that town council deny this application for a private well connection as it is in conflict with our town code and current town design standards,” Clary said during her presentation.
Applicants said the commitment to connect dated to a 2019 application and that they were told by former staff they had to list water connection in the plan. Tim Bridal, representing the property owners, said the actual cost of a water hookup has since turned out to be about $30,000, a figure he said would impose a substantial economic burden on a small restaurant. “That $30,000 water connection brings absolutely zero to the business,” Bridal said. He and co-owner Nick Hess told council the expense would severely affect the venture’s viability and that they had relied on earlier information from town staff and plans for a bike path to offset costs.
Council members focused on consistency with prior approvals, regulatory precedent and the town’s design standards. Councilman Goodman (commenting during the hearing) said supporting small businesses is important after the pandemic but warned about setting a precedent that could undercut regulations. Legal counsel and staff explained properties can be grandfathered for water service but that the zoning change that allowed an eating establishment carried commitments the applicants voluntarily agreed to at the time of rezoning.
A motion to approve the special-use permit failed on a roll call vote. Recorded votes: Vice Mayor Harris — no; Councilman Brooks — yes; Councilwoman Deubermeyer — yes; Councilman Bowman — no; Councilwoman Butler — no; Councilman Cutler — yes; Mayor Smith — no. The planning commission had recommended denial, and staff had advised denial based on nonconformance with current standards.
Because the property’s zoning now allows an eating establishment, council and staff discussed that future owners would inherit the zoning but that the town’s design standards require certain connections for newly built or substantially altered commercial structures. The council did not adopt any alternate requirement for financial assistance or defer the water connection requirement in this decision.
The council discussion underscored competing concerns: supporting long-standing local businesses and ensuring consistent application of town design standards and zoning conditions.
Ending: The applicants remain able to pursue other administrative relief or future applications; council members indicated they expect applicants and staff to continue to work through how any required infrastructure would be provided if the parties choose to pursue further permits or variances.
